HomeNewsBriefOrganized Crime Loopholes Water Down Mexico Justice Reform
BRIEF

Organized Crime Loopholes Water Down Mexico Justice Reform

JUDICIAL REFORM / 18 JUL 2016 BY MIKE LASUSA EN

Mexico is currently in the process of implementing historic changes to its criminal justice system, but the planned reforms include due process exceptions in organized crime cases that could undermine the initiative's intent.

The exceptions, outlined in a new report (pdf) from the Washington Office on Latin America (WOLA), provide for the use of a controversial measure known as "arraigo," which means "hold" and is a form of pretrial that allows suspects in organized crime cases to be held without formal charges for up to 80 days.

Other due process exceptions in organized crime cases allow mandatory pretrial detention of organized crime suspects, the interception of their private communications, and the restriction of detainees' communication and visitation rights, according to the report.

The authors of the WOLA report write that these exceptions "severely limit or negate the safeguards of the new system," laid out in a series of reforms passed by Mexico's legislature in 2008.

The reform effort is designed to shift the criminal justice system from inquisitorial proceedings, in which trials are largely conducted through written filings, to an accusatorial system like that of the United States, which allows for oral arguments and cross-examination of witnesses.

National implementation of the new system was supposed to be completed by June 18 of this year. However, the process has encountered a number of obstacles that have delayed progress. According to WOLA, only four of Mexico's 31 states "met all the criteria to consider the system fully operational," and some experts believe it could take more than a decade before the reforms are fully enacted.

16-0715WOLAMexReform

InSight Crime Analysis

The broad definition of "organized crime" contained in the reform adds to concerns about the above-mentioned exceptions to normal due process rules. The legislation defines organized crime as "the de facto organization of three or more persons to commit crimes on a permanent or ongoing basis." (The text of the reform, along with an English translation, is contained in this pdf report from Justice in Mexico.)

The WOLA report warns that "this broad definition can potentially widen the range of cases that fall under the exceptions and restrict defendants' rights." This could undermine some of the main goals of the reform effort, which is intended to bring greater transparency to judicial proceedings and to protect the rights of defendants.

SEE ALSO: Coverage of Judicial Reform

"Given how seldom the rule of law has prevailed in the country," WOLA cautions, "the continued use of these tools and exceptions could have grave consequences and hinder the use of professional, scientific techniques in criminal investigations."

share icon icon icon

Was this content helpful?

We want to sustain Latin America’s largest organized crime database, but in order to do so, we need resources.

DONATE

What are your thoughts? Click here to send InSight Crime your comments.

We encourage readers to copy and distribute our work for non-commercial purposes, with attribution to InSight Crime in the byline and links to the original at both the top and bottom of the article. Check the Creative Commons website for more details of how to share our work, and please send us an email if you use an article.

Was this content helpful?

We want to sustain Latin America’s largest organized crime database, but in order to do so, we need resources.

DONATE

Related Content

GULF CARTEL / 15 MAR 2022

Mexican armed forces have captured the reported leader of the feared Northeast Cartel, but this arrest may only stoke further…

ELITES AND CRIME / 30 SEP 2021

Evidence and accusations are piling up against Mexico's former top security official Genaro García Luna, as US prosecutors proffer new…

ENVIRONMENTAL CRIME / 14 APR 2022

government searching for solutions to prevent extinction while trying not to lose the favor of local anglers.

About InSight Crime

THE ORGANIZATION

Venezuela Coverage Continues to be Highlighted

3 MAR 2023

This week, InSight Crime co-director Jeremy McDermott was the featured guest on the Americas Quarterly podcast, where he provided an expert overview of the changing dynamics…

THE ORGANIZATION

Venezuela's Organized Crime Top 10 Attracts Attention

24 FEB 2023

Last week, InSight Crime published its ranking of Venezuela’s ten organized crime groups to accompany the launch of the Venezuela Organized Crime Observatory. Read…

THE ORGANIZATION

InSight Crime on El País Podcast

10 FEB 2023

This week, InSight Crime co-founder, Jeremy McDermott, was among experts featured in an El País podcast on the progress of Colombia’s nascent peace process.

THE ORGANIZATION

InSight Crime Interviewed by Associated Press

3 FEB 2023

This week, InSight Crime’s Co-director Jeremy McDermott was interviewed by the Associated Press on developments in Haiti as the country continues its prolonged collapse. McDermott’s words were republished around the world,…

THE ORGANIZATION

Escaping Barrio 18

27 JAN 2023

Last week, InSight Crime published an investigation charting the story of Desafío, a 28-year-old Barrio 18 gang member who is desperate to escape gang life. But there’s one problem: he’s…